Unable to work & Take English Test for ILR

[mahmood786uk]

I would appreciate if someone knowledgeable on this topic could answer my concern.

My sister in law a british citizen is trying to apply for her husbands Indefinate Leave to Remain. but she has problems, many problems to be precise.

Her Husband has NEVER worked in the UK as he was severely injured soon after coming here, about 2 months after arrival.

She has been unable to work since his arrival as he is still in recovery stage and requires care, he has had several operations and is still undergoing treatment. and also is suffering from depression as a result of his injury.

She claims income-based JSA.

They both live in a privately rented house and claims both Council Tax and Rent in only her name.

She has a Daughter 6 years old who was born in the UK and goes to school for which she gets Child Benefit & Child Tax Credits again both benefits are just in her name.

No Benefits are claimed under his name, his wife is just about coping with what she gets for herself and her daughter.

Due to his long term illness ( as he is house bound ) he has not been able to complete the compulsory English course required for ILR.

my question is, Would it be possible to apply for ILR considering his injury happened in the UK and he has a massive medical record of past and current treatment, although he does not have the English Qualification? but he has never claimed benefits in his name since his arrival to UK.


I tried to get Legal advise on the back of legal aid, but i've been advised he can't get legal aid is he has ' no recourse to public funds'.

so what does a person do who can't afford a solicitor, surely there must be something in place for people in a similar situation to this.

Please if you could give me some advise that will be greatly appreciated, as I will need to get his papers sorted within next week or two and have them sent off to UKBA.

[whirly]

Could he not apply for FLR(M) in the meantime?

[abi_abc]

Look at page 5 of the SET (M) guidance notes.

http://www.bia.homeoffice.gov.uk/siteco ... desetm1108

It states:-


"Anyone with a significant physical and/or mental health condition(s) or incapacity may be exempt if it prevents them from studying for and taking the Life in the UK test or from studying for an ESOL qualification. Exemption on these grounds will only be given in exceptional cases."

It looks like this could cover your sister-in-law's problem. As it would make the application complicated I'm sure there is no way they could apply in person, it would have to be by post and fully documented.

I'm afraid I haven't any knowledge on the application of this principle. Has anyone else come across this situation before? I suggest you post the same question on the UK resident forum as I know there are a few members on there who are very experienced in all the legal small print.

http://www.ukresident.com/forums/indefi ... p-465.html

Hope this helps. All the best.

Abi

[abi_abc]

Also read section 5 of the SET (M) form. You will need a letter from a doctor's letter or evidence to say he can't take the test or study for ESOL.

http://www.bia.homeoffice.gov.uk/siteco ... rmsetm1108

[vinny]

Exemption because of disability

If you have a long-standing, permanent disability that prevents you from learning English you may not have to meet the requirements. You must:

* be suffering from a long-term illness or disability that severely restricts mobility and ability to attend language classes; or
* have a mental impairment that means you are unable to learn another language.

You should send evidence from a medical practitioner confirming your disability with your application.

If you would require special arrangements to learn English or take the test, you still have to meet the requirements.